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CITY OF NEW YORK v. UNITED STATES

No. 29, Docket 26098.

283 F.2d 829 (1960)

CITY OF NEW YORK and the Industrial Commissioner of the State of New York, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided October 31, 1960.

Attorney(s) appearing for the Case

Cornelius F. Roche, New York City (Charles H. Tenney, Corporation Counsel, New York City, Stanley Buchsbaum, Brooklyn, N. Y., of counsel, on the brief), for appellant City of New York.

Samuel Stern, New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Paxton Blair, Sol. Gen., Albany, and Leonard H. Rossen, Junior Atty., New York City, on the brief), for appellant Industrial Commissioner of State of New York.

Douglas A. Kahn, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Department of Justice, Washington, D. C., on the brief), for appellee.

Before LUMBARD, Chief Judge, and TUTTLE and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

This case is before us on appeal from an order entered by the District Court for the Eastern District of New York, confirming the order of a referee in bankruptcy granting lien status under § 67, sub. b of the Bankruptcy Act, 11 U.S. C.A. § 107, sub. b to certain claims of the United States for tax deficiencies. An involuntary petition in bankruptcy had been filed against the Moderneer Footwear Co. on February 26, 1958, by creditors...

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